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1981 PLC (C. S.) 718

FAIZ AHMAD vs SECRETARY, EDUCATION DEPARTMENT , .

Citation1981 PLC (C. S.) 718
CourtPunjab Service Tribunal
Case No.Appeal No, 148/180 of 1977
Date1979-05-08
Judge(s)Muhammad Saleem Chaudhry, Mazhar Muneer, S. Hafeez-Ur-Rehman
ResultOrder accordingly

' M. SALEEM CHAUDHRY (CHAIRMAN).-Mr. Faiz Ahmad joined the Education Department as a teacher in High School, Ghakkar, District Gujranwala on 23rd June, 1956. He was promoted as Headmaster unroll 2nd August, 1968. He was suspended by the order of Secretary, Education on 23rd October, 1973. The appellant represented against this order of suspension. He was re-instated on 30th June, 1975 but was again placed under suspension on 16th September, 1975 and a charge-sheet consisting of for charges was also served on him on 20th November, 1974. An enquiry was held by Mr. S. M. Iqbal Ansari, Deputy Secretary, Education, who exonerated the appellant on alt charges except two items of Charge No, (iv). He was held to have not exercised proper check over Muhammad Anwar who was Incharge of the Red Cross Fund and also for utilising the sale proceeds of for Shisham trees towards the construction of a latrine and construction of a boundary wall.

2. The appellant has challenged the order of 12th March, 1977 as being mala fide, contrary to rules, unjust and void. Vide order dated 12th March, 1977 stoppage of two increments were ordered. His appeal was rejected vide order dated 24th March, 1977. The charges proved against the appellant are minor in character and consists of temporary embezzlement for a period of three months, during summer vacations using funds for improvement of the School without permission of higher authority and making purchases without calling quotations.

3. We have heard both the parties. The appellant was neither supplied with a copy of the enquiry report not heard in person when the major penalty was levelled and thus a major irregularity has been coma Mined. The order passed is therefore void and order of stoppage of two increments is set aside'.

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